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Religious discrimination Q&As

​​Commonly asked questions on the legal issues relating to religious discrimination in the workplace​

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Legislation overview

The principal legislation governing discrimination on the grounds of religion or belief is the Equality Act 2010.

The following aspects of the European Human Rights Convention are also relevant and will be relied on by some employees:

Article 9 - guarantees freedom of thought, conscience and religion

Article 14 - provides that rights and freedoms shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

These Articles are incorporated into UK law through the Human Rights Act 1998. Article 9 in particular provides protection for the right to express or manifest religion or belief in worship, teaching, practice and observance. However, manifestation by one person of their belief might have an impact on others so this right can be restricted in certain circumstances. Article 14 is not a free-standing right; it can operate only when another Convention right is engaged.

Other legislation which may apply to religious discrimination claims includes:

Racial and Religious Hatred Act 2006

Protection from Harassment Act 1997

Employment Rights Act 1996 (especially sections 45 and 101 which protect shop and betting workers who do not wish to work on Sundays)